A Companion to Philosophy of Law and Legal Theory
Blackwell Companions to Philosophy 2. Aufl.
The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy Now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy Essays are written by an international team of leading scholars
List of Contributors xi Preface xiv Introduction 1 Part I: Areas of Law 7 1 Property Law 9Jeremy Waldron 2 Contract 29Peter Benson 3 Tort Law 64Stephen R. Perry 4 Criminal Law 90Leo Katz 5 Public International Law 103Philip Bobbitt 6 Constitutional Law and Religion 119Perry Dane 7 Constitutional Law and Interpretation 132Philip Bobbitt 8 Constitutional Law and Privacy 145Anita L. Allen 9 Constitutional Law and Equality 160Maimon Schwarzschild 10 Evidence 177John Jackson and Sean Doran 11 Interpretation of Statutes 188William N. Eskridge, Jr. 12 Confl ict of Laws 197Perry Dane Part II: Contemporary Schools and Perspectives 209 13 Natural Law Theory 211Brian Bix 14 Legal Positivism 228Jules L. Coleman and Brian Leiter 15 American Legal Realism 249Brian Leiter 16 Critical Legal Studies 267Guyora Binder 17 Postrealism and Legal Process 279Neil Duxbury 18 Feminist Jurisprudence 290Patricia Smith 19 Law and Economics 299Jon Hanson, Kathleen Hanson, and Melissa Hart 20 Legal Formalism 327Ernest J. Weinrib 21 German Legal Philosophy and Theory in the Nineteenth and Twentieth Centuries 339Alexander Somek 22 Marxist Theory of Law 350Alan Hunt 23 Deconstruction 361Jack M. Balkin 24 Law and Society 368Brian Z. Tamanaha 25 Postmodernism 381Dennis Patterson 26 Kantian Legal Philosophy 392Arthur Ripstein 27 Legal Pragmatism 406Richard Warner Part III: Topics and Disciplines 415 28 Law and Its Normativity 417Roger A. Shiner 29 Law and Literature 446Thomas Morawetz 30 The Duty to Obey the Law 457M. B. E. Smith 31 Legal Enforcement of Morality 467Kent Greenawalt 32 Indeterminacy 479Lawrence B. Solum 33 Precedent 493Larry Alexander 34 Punishment and Responsibility 504George P. Fletcher 35 Loyalty 513George P. Fletcher 36 Coherence 521Ken Kress 37 The Welfare State 539Sanford Levinson 38 Legal Scholarship 548Edward L. Rubin 39 Authority of Law 559Vincent A. Wellman 40 Analogical Reasoning 571Jefferson White 41 Risk 578John Oberdiek 42 Regulatory Theory 590Matthew D. Adler 43 Methodology 607Andrew Halpin 44 Overcriminalization 621Douglas Husak 45 Intention 632Kimberly Kessler Ferzan 46 Coercion 642Grant Lamond 47 Unjust Enrichment 654Ernest J. Weinrib 48 The Ideal of the Rule of Law 666Andrei Marmor Index 675
"This is an outstanding collection of essays on the most important, fundamental concepts of law and legal theory...Recommended for any undergraduate student in this area or for any thinking person who wants to know more about the law and its reasons for being." (M/C Reviews, February 2011)
Dennis Patterson is Professor of Philosophy of Law and Legal Theory at the European University Institute in Florence, Italy, and is Board of Governors Professor of Law at Rutgers University School of Law (Camden, NJ). He is also Professor of Jurisprudence and International Trade at Swansea University, Wales. He has written widely in the philosophy of law and international trade law. His books include Law and Truth (1996), Mind, Meaning and Law (2008), and most recently The New Global Trading Order (2008) with Ari Afilalo.
The second edition of this outstanding Companion provides an unparalleled survey of philosophy of law and legal theory for students and specialists alike. Written by an international assembly of leading scholars, the articles have been revised throughout, and the addition of ten entirely new essays ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Articles new to this edition cover the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy. Together, the essays provide an in-depth introduction to philosophical and legal theory, and a critical overview of the basic theoretical concepts, theories, topics, philosophical issues, and themes that now feature in the law school and undergraduate legal studies curricula.
"Anyone interested in what philosophical issues underlie the major domains of law, what aims and assumptions animate the major movements of contemporary legal theory, what issues of legal controversy are today uppermost and why, would do well to adopt this work as a companion, indeed a guide. Its 48 crisp, focused, and argumentative chapters make for lively companionship, and their authoritative outlines of and contributions to major fields make them reliable guides. It is a rich and accomplished collection." —Martin Krygier, The University of New South Wales
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